Category Archives: Some Preliminary Considerations

Intersection with Other Benefits

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Federal Disability Retirement benefits under FERS from the Office of Personnel Management is an independent benefit from an independent agency.  However, there may be some intersecting features which are important to understand, prior to beginning the process.

A FERS Disability Retirement annuity has an “off-set” feature with certain other federal annuities, by statutory mandate and direction, but not with certain others.  For instance, there is a coordinating offset with Social Security Disability (under FERS), and an election must be made between OWCP Temporary Total Disability payments and Federal Disability Retirement benefits (except for scheduled awards).  On the other hand, there is no offset between a Federal Disability Retirement annuity and VA Disability payments.

In making a decision as to whether to file for Federal Disability Retirement benefits, each Federal and Postal employee should be fully informed as to the offsets with other Federal benefits and payments, as well as whether there are limits and restrictions as to the amount of other “earned income” a person may be allowed to make.

The importance of finding out which benefits are fully or partially offset is important in making a final decision as to whether it is financially feasible to proceed in preparing, formulating and filing a FERS Disability Retirement application.  Of course, in the end, it is usually a medical decision which is paramount — out of necessity, and not out of choice– as opposed to a financial one.  However, it is nevertheless important to know what is on the other side of the cave, before one enters it to begin with.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

The information on this website may not reflect the most current legal developments in FERS Disability Law. The content and interpretation of the law addressed herein is subject to revision. However, if you have any questions about current law developments or if you need to have a professional assessment of your personal case, contact the author for a free initial consultation.

OWCP, EEOC, Grievances & the Comfort Zone

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Medical conditions are often accompanied by the necessity to engage in certain forums, to initiate particular legal actions, and to file for alternative means of compensation.  Actions of necessity often come in bundles, and this is natural, as a single event can spawn multiple avenues of legal relief, and reflect various responses by the Federal Agency or the U.S. Postal Service.

Thus, a medical condition — whether work related or not — can result in Agency retaliation, persecution, adverse actions, subtle changes of attitudes, etc.

It is therefore not a surprise that a Federal or Postal employee who is filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management also has parallel actions which may include the wide spectrum of a simple Grievance, to an EEO Complaint; a concurrent OWCP/Department of Labor case (for an application of compensation based upon a medical condition or personal injury resulting from an on-the-job incident or on an occupational disease claim, etc.); a Federal or Postal employee’s claim of hostile work environment, retaliation; assertion of the whistleblower provision, etc.

As an attorney who specializes in obtaining Federal Disability Retirement benefits for Federal and Postal employees, one observes the following: there is often a mistaken belief that being involved in parallel or alternative routes of litigation somehow delays the need — whether practically speaking, or in terms of the 1-year Statute of Limitations — for filing of FERS Medical Disability Retirement benefits from the Office of Personnel Management.

This mistaken belief often stems from a “comfort zone” that arises — whether because OWCP is paying on a regular and monthly basis, and so the financial concern is not presently and immediately existent; or because one is continually engaged in some form of contact with the Federal Government through alternative litigation, that the 1-year requirement to file for FERS Disability Retirement benefits is automatically delayed.

The Statute of Limitations is not a sympathetic statute.

A personal comfort zone is not a basis to delay what the law requires. Immediacy of an event should not be the basis of whether to file for a claim or not.  Planning for the future is the important basis to act, and preparing, formulating and filing for Federal or Postal Disability Retirement benefits is something which every Federal or Postal employee should be considering concurrently with all other forums and avenues of compensation.  A man can do more than one thing at a time, and preparing, formulating and filing for Federal Disability Retirement benefits should be one of those multiple issues to be embraced.

Don’t let a present comfort zone deny you the right of a secured future.

Sincerely,

Robert R. McGill, Esquire
Federal OPM Disability Retirement Attorney

Mr. McGill is a Federal Employee Attorney who specializes in FERS Disability Retirement Employment Law, helping Federal and Postal employees across the nation secure their Federal Disability Retirement benefits.  You may contact Attorney Robert McGill over the phone or by email to receive a free and confidential 30 minute initial case evaluation.

Discretionary Judgments

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There are many things in the long process of getting a Federal Disability Retirement application approved, which are purely “discretionary”, based upon one’s experience, sense of a case, an ear to listening to a client, and based upon a compendium of factors, facts and circumstances, to come up with the “best” decision on a particular issue. A person who tries to go through the process alone, without the ear, mind, experience or judgment of an attorney who knows the process governing Federal Disability Retirement has to make such discretionary decisions without the benefit of past experiences.

Such decisions can range from small issues of: how and when a treating doctor should be approached in the request for a medical narrative; how much guidance the doctor would need or want in preparing a medical narrative report; when and how to inform the agency of the pending decision to file for Federal Disability Retirement benefits, etc.; to the larger decisions, such as which medical conditions and reports to include in the final packet to be submitted to the Office of Personnel Management; and many other such discretionary decisions. Yet, when grouped together, the complex interactions of the multiple “discretionary judgments” can often make or break a case.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

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Filing for FERS Disability Retirement is not a decision that should be made lightly.  Whatever your circumstances are, consider every aspect of the application, the process, and your individual situation before making a final decision.  Set up an appointment over the phone with Attorney McGill to review your case so that he can help you to assess your chances of getting approved.  It’s easy, convenient and free for first-time consultations. 

Clarity and Conciseness

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One can be completely clear in a statement, yet convey the information incorrectly.  Clarity of statement is merely the vehicle for precision; the substance of the information itself is a separate matter.  The problem with the former is that, it is often mistaken for comprehension by the conveyor.

Rambling, convoluted run-on sentences (yes, we all should have taken note and paid attention during those early grammar lessons) may be perfectly understood by the writer of such garbled conceptual constructs; but it is always the targeted audience which must be kept in mind when one’s goal is clarity of thought.  As for the latter, the substantive information must be screened and streamlined; volume of information in any endeavor cannot replace succinctness and precision of thought.

In preparing, formulating and filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management clarity and conciseness in preparing (especially) one’s Statement of Disability is crucial in attaining the success of one’s goal: an approval of Federal Disability Retirement benefits from the U.S. Office of Personnel Management.

Volume of information should not replace a well-prepared, concise disability retirement packet; and lengthy narratives will not undo the meanderings of imprecise connections between one’s medical condition, the positional duties one engages in, and the nexus between the two.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Attorney

The information on this legal blog is for general information purposes only. Nothing on this website should be taken as legal advice for any individual FERS Disability Retirement case or OWCP claim.  This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.  If you wish to receive a more personalized evaluation of your current legal situation, considering the specifics of your medical condition(s) and your agency, please contact Attorney McGill.

Internet Information

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Previous articles and blogs have written quite extensively about the distinction and conceptual differentiation between information and knowledge, and the fact that exponential quantification of the former (information) does not necessarily result in a qualitative increase in the latter (knowledge).

A similar argument can be made for the “reputation” of an individual.  It has been pointed out on many occasions to this writer that various readers have read many “positive” things on various websites which discuss Federal and Postal Disability Retirement issues.  While such complimentary statements are certainly better and more welcomed than negative ones, nevertheless, one must recognize the age-old principle that where good things may be stated, the very opposite can also occur.

Reputation is built over time; not everyone can be pleased for all of time; and information which is hastily posted on the internet may or may not be the full story, leaving aside whether or not it is based upon facts or knowledge.

The plethora of blog writers, websites which merely promote one’s self and reputation — all must be evaluated and analyzed within a greater context of a span of time.  Many writers seem to think that quantity is the key to success — that by repetitively reiterating “key words and terms”, that the internet traffic will increase, and since most people don’t take the time to read, evaluate and discern in a careful manner, such an approach provides for moderate success, if “success” means reaching the greatest number of people.  But preparing, formulating and filing a FERS Disability Retirement application must necessarily contain the element of care, meticulous preparation, and thoughtful formulation for the future.

When an attorney is considered for representation, the choice should be made based upon multiple factors: knowledge, experience, reputation and accessibility being some of the chief elements to be considered.  Quantity of information is good; quality of information is better; and in the greater context of all such information concerning Federal Disability Retirement benefits from the Office of Personnel Management, careful consideration of all of the relevant factors must be taken.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

Any publications viewed on this blog are intended to provide general information only and are not intended as a source of legal advice.  As laws are always in a state of change, we can’t guarantee the accuracy of the information under these publications.  For current updates of laws and rules, and to get a personalized assessment of your individual claim, please contact the author for a free initial consultation.

Lack of Planning

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A common consensus among those who contemplate filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management is that it is an unplanned event, and one which required decisions which shortened the career goals of the Federal or Postal employee. Such an unplanned event, however, should not be left for lack of planning of the event itself — of preparing, formulating and filing for the FERS Disability Retirement benefits from the U.S. Office of Personnel Management.

Thus, a distinction should be made: yes, the fact of the medical condition, and its unplanned impact upon one or more of the essential elements of one’s job, thereby cutting short the Federal or Postal career of the individual, is quite often something which is unexpected and beyond one’s control.

Once the realization that it is necessary to file for FERS Disability Retirement benefits from OPM becomes apparent, however, one should not simply act in a manner which compounds the problems of lack of planning. At that point, planning is essential to the entire endeavor: the garnering of support from the medical community; the persuasive conversation which one must have with one’s treating medical provider; the decision of which medical conditions to include, how to state it, what to state; the preparation of the coordinated aspects of each of the strands of a Federal Disability Retirement application — these need to be planned for, in order to increase the chances of success at each stage of the Federal Disability Retirement process.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Retirement Attorney

Disclaimer: The hiring of a Federal Disability Retirement lawyer, or any attorney in general, is an important decision that should not be based solely upon advertisement. In some jurisdictions this site may be considered advertising. Before you decide, contact Attorney Robert R. McGill for information about his qualifications and experience in the field of Federal Disability Retirement law.